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2011 Supreme(Chh) 277
HIGH COURT OF CHHATTISGARH, BILASPUR
T.P. SHARMA & R.N. CHANDRAKAR, JJ.
DILIP KUMAR SAHU - Appellant
Vs.
STATE OF C.G. - Respondent
Criminal Appeal No. 816 of 2005
Decided on: 25-8-2011
Mr. Arun Kochar, Advocate, for the Appellant.
Mr. D.K. Gwalre, Govt. Advocate, for the State.
Insufficiency of credible and clinching evidence to establish guilt beyond reasonable doubt.
Headnote:
Conviction - Culpable Homicide - IPC Section 302 - Summary: The court discussed the evidence presented by the prosecution and found it insufficient to establish the guilt of the appellant. It highlighted the lack of credible and clinching evidence against the appellant and the failure of witnesses to support the prosecution's case. The court set aside the conviction and acquitted the appellant of the charge.
Fact of the Case:
The appellant was convicted for the murder of his wife based on the prosecution's case that he strangulated her due to her illicit relationship with his brother-in-law. However, the court found the evidence insufficient to establish the guilt of the appellant.
Finding of the Court:
The court found that the evidence presented by the prosecution was not credible and clinching enough to establish the guilt of the appellant beyond reasonable doubt.
Issues: The main issue was the sufficiency of evidence to establish the guilt of the appellant for the murder of his wife.
Ratio Decidendi: The court emphasized the lack of credible and clinching evidence against the appellant and the failure of witnesses to support the prosecution's case, leading to the acquittal of the appellant.
Final Decision: The appeal was allowed, the conviction under Section 302 of the IPC was set aside, and the appellant was acquitted of the charge.
As per Hon'ble Shri T.P. Sharma, J.:-
1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 29.08.2005 passed by the 2nd Additional Sessions Judge, (FTC) Mungeli District Bilaspur, in Sessions Trial No.198/2004, whereby & whereunder learned 2nd Additional Sessions Judge after holding appellant guilty for commission of culpable homicide amounting to murder of his wife Manjulata (since deceased), convicted the appellant under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine to further undergo R.I. for 3 months.
2. Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.
3. As per case of prosecution, unfortunate deceased Manjulata was residing with appellant in his house situated at village Dhothama, district Bilaspur.
On 11.03.2004 at about 7:30 am, appellant after playing tape-recorder strangulated the neck of deceased and caused her instantaneous death on account of her illicit relationship with brother-in-law of the appellant. Persons present in the house seen the incident. Village Kotwar PW/3-Kanak Das Manikpuri went to police station and lodged F.I.R. Ex.P/4 and merg was recorded vide Ex.P/5. Investigating officer left for scene of occurrence, after summoning the witnesses vide Ex.P/3-A, inquest over the dead body of deceased was prepared vide Ex.P/3. Dead body was sent for autopsy to Community Health Center, Mungeli. Dr. Sanjay Agrawal (PW/14) conducted autopsy vide Ex.P/13A and found that mode of death was asphyxia due to chocking of respiratory system and death was homicidal in nature.
4. During the course of investigation, appellant was taken into custody.
One deck (tape-recorder) was recovered vide Ex.P/9. Viscera and clothes of deceased were seized vide Ex.P/11. Viscera were sent to FSL for examination vide Ex.P/17 and no chemical poison was found in the viscera.
5. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure (for short the 'Code'). After completion of investigation, charge sheet was filed before the Court of Judicial Magistrate 1st Class, Mungeli, who in turn committed the case to the Court of Sessions Judge, Bilaspur from where the learned Additional Sessions Judge, Bilaspur received the case on transfer for trial.
6. In order to prove the guilt of the accused/appellant, the prosecution has examined as many as 15 witnesses. Statement of the accused/appellant was recorded under Section 313 of the Code where he denied the circumstances appearing against him and pleaded innocence and false implication in the crime in question. He was also examined DW/1-Sunil Kumar Sahu and took defence.
7. After affording opportunity of hearing to the parties, learned Additional Sessions Judge, convicted & sentenced the appellant as aforementioned.
8. We have heard teamed counsel for the parties, perused the judgment impugned and record of the trial Court.
9. Shri Arun Kochar, learned counsel for the appellant vehemently argued that virtually this is a case of no evidence. As per case of prosecution, appellant was residing with his wife deceased Manjulata and along with him other 15 persons were also residing. Deceased died at about 7:30 am as a result of chocking of respiratory system. Prosecution has not adduced any evidence to show that at the time of commission of such offence only two persons i.e. appellant & deceased were present in the house and virtually there is no evidence about appellant to justify his conviction.
10. On the other hand, Shri D.K. Gwalre, learned Govt. Advocate for the State opposed the appeal and submit that Court below has rightly convicted and sentenced the appellant aforementioned.
11. In order to appreciate the arguments advanced on behalf of the parties, we have examined the evidence adduced on behalf of the
